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"Thou Shalt Not Swap - The uses
and abuses of copyright" -

excerpt from Review by Nathan Anderson
[Christianity Today] of book
Free Culture by Lawrence Lessig

In the not-so-distant past, the public domain was always "just over the hill." The average length of copyright was around 30 years, which meant that anything more than a generation and a half old could be freely used, remade, or transformed in any way.

Now, though, thanks to the extensions of copyright granted to Mickey Mouse (created in 1928), only material from before the Great Depression can be assumed to be in the public domain.

To show that this loss of the public domain has real consequences, Lawrence Lessig turns to his favorite example, that of Walt Disney himself.

Mickey's first successful cartoon, Steamboat Willie, was not created in a vacuum -- it was a direct parody of Buster Keaton's recent silent film Steamboat Bill, Jr., which was itself based on the popular ballad "Steamboat Bill."

Disney was free to draw on very recent cultural products and to transform them in his own creative way in something new, and not just with Mickey Mouse.

Most of the great Disney cartoons have drawn from other people's source material (such as the Brothers Grimm), including Snow White, Pinocchio, Dumbo, Bambi, Cinderella, Alice in Wonderland, Robin Hood, Peter Pan, and so on.

The irony here is clear: Disney built a media empire on the back of public domain material but now fights tooth and nail to prevent any of its own content from flowing back into that same shared space.

At its heart, copyright has always been about preventing the spread of unauthorized copies of a work.

Now that digital copies of any work can be instantly shared, proliferating across the network like rabbits, the power of copyright has grown enormously in scope.

As only one example of the power of copyright in the digital age, Lessig points out that a teenager who downloads two copyrighted songs to his computer faces stiffer maximum penalties ($150,000 per song) than does a surgeon who accidentally amputates the wrong leg of his patient ($250,000).

Free Culture's central claim is that the control exerted by major media companies ought to be scaled back to a more sensible level, one that leaves more room for transformative works (such as Disney's) and creates a healthy public domain.

"The internet," writes Lessig, "should at least force us to rethink the conditions under which the law of copyright automatically applies, because it is less clear that the current reach of copyright was never contemplated, much less chosen, by the legislators who enacted copyright law."

> book : Free Culture: How Big Media Uses Technology
and the Law to Lock Down Culture and Control Creativity -
by Lawrence Lessig, Professor of Law, Stanford Law School

> image : Polish poster for Snow White

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Creative Commons License
Lawrence Lessig on Creative Commons

If John Coltrane didn't need a lawyer to create his immortal version of The Sound of Music's "My Favorite Things," why should our kids? And while many of these people don't necessarily want to change existing law, they do want a way to make its burdens easier to overcome. They seek, as the Sixth Circuit proposes, a license to sample.

This is the aim of Creative Commons - to help artists and authors give others the freedom to build upon their creativity, without calling a lawyer first.

Copyrights protect important values. They are essential to creativity, even in a digital age. Yet the current version of copyright law was not written for a world of digital creativity.

As applied to these technologies, it often restricts more than it inspires. Creators who use the CC licenses are saying: We have built upon the work of others. Let others build upon ours. Consistent with the law, we can enable this next great revolution.

> from article : Done right, copyrights can inspire
the next digital revolution
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By Lawrence Lessig [Wired]

image: Creative Commons License. for
original material by Douglas Eby - author of this site:
Talent Development Resources

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"I am not an American who wants to be shut up or have my neighbors be shut up. I am an American who knows that free speech is the pillar of democracy. I am an ACLU member...

    Michael Stipe - in print ad from aclu.org


 
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Judy Blume, whose candid children's books have attracted millions of readers and a wave of censors, has been named this year's winner of an honorary National Book Award for contributions to American letters. 

"I'm thrilled by this unexpected honor," Blume said. "We don't write hoping to win awards. We write because we have to -- because of a burning need to share our characters and stories." ///

The 66-year-old Blume has enjoyed enormous commercial success. Her books have sold more than 75 million copies and have been translated into more than 20 languages. 

She also founded the Kids Fund, a charitable and educational foundation, and has served on numerous boards, including the Author's Guild and the National Coalition Against Censorship.

However, not all grown-ups have found her work fit for children. 

Blume is known for dealing explicitly with sex, religion and divorce and her books often have been placed in restricted sections of libraries or pulled altogether from shelves. 

She responded by editing the compilation "Places I Never Meant to Be: Original Stories by Censored Writers," published in 1999.

According to the American Library Association, Blume's "Forever," the story of a teenage girl's feelings about sex and love, ranked No. 8 on the list of most "challenged" books of the 1990s. 

The ALA, which on Sept. 25 will mark its annual "Banned Books Week," defines a "challenge" as a formal, written complaint filed (usually by a parent) with a library or school.

Associated Press Sep 15 2004 // AP Photo/Suzanne Plunkett

judyblume.com


 
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Elton John has said stars are scared to speak out against war in Iraq because of "bullying tactics" used by the US government to hinder free speech. 

"There's an atmosphere of fear in America right now that is deadly. Everyone is too career-conscious," he told New York magazine, Interview. 

Sir Elton said performers could be "frightened by the current administration's bullying tactics", 

The singer likened the current "fear factor" to McCarthyism in the 1950s. 

"There was a moment about a year ago when you couldn't say a word about anything in this country for fear of your career being shot down by people saying you are un-American," he told the magazine. 

The singer said things were different in the 1960s. 

"People like Bob Dylan, Nina Simone, The Beatles and Pete Seeger were constantly writing and talking about what was going on."

BBC News article..Elton attacks
'censorship' in US, 17 July, 2004


 
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....Taboo Tunes: A History of Banned Bands & Censored Songs

Though timely, Taboo Tunes also reveals the timeless nature of mankinds censorious impulses by revisiting the firestorms of controversy that have engulfed brave artists like Woody Guthrie, Paul Robeson, Billie Holiday, Elvis Presley, the Beatles, the Rolling Stones, Jimi Hendrix, the Dead Kennedy's, Madonna, N.W.A., Public Enemy, Ice-T, Nirvana, the Dixie Chicks... many others ///

Taboo Tunes [also] brings readers fully up-to-date by documenting some of the under-reported impacts of the 9/11 terrorist attacks... the Secret Service leaned on the managers of one rock band's Web site resulting in perfectly legal content being "disappeared." ... 

America Online (AOL), suddenly began cutting service to punish subscribers for simply getting involved in online chats about the political dimensions of certain hit song lyrics.  //etc//

     from book site Tabootunes.com


 
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Sadly, lots of smart people shrug off the recent government crackdown on Howard Stern -- and on other ''indecency'' -- as if it were nastiness going on in some bad neighborhood of the broadcast dial, one that doesn't concern them, one that they'd never stoop to visit.
But the recent F.C.C. rulings make me Stern's brother as I've never been before. 

Here are just a few of the things we've broadcast on our show that now could conceivably result in fines of up to a half million dollars for the 484 public stations that run the program: assorted curse words, people saying ''damn'' and ''goddamn'' (a recent F.C.C. decision declared that ''profane'' and ''blasphemous'' speech would now come under scrutiny); various prison stories; and a very funny story by the writer David Sedaris that takes place in a bathroom and that violates all three F.C.C. criteria for ''indecency.'' 

It's explicitly graphic in talking about ''excretory organs or activities''; Sedaris repeats and dwells on the descriptions at length, and he absolutely means to pander and shock. That's what makes it funny. 

Ira Glass- from his essay Howard and Me, NY Times May 9, 2004

Glass is host of the public radio program This American Life.


 
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< poster caption :

"You don't have to burn books to destroy a culture; just get people to stop reading them."

Ray Bradbury
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"Fahrenheit four five one is the temperature at which book paper catches fire and starts to burn. 
We burn them to ashes and then burn the ashes. That's our official motto."
    fireman Guy Montag (Oskar Werner): Fahrenheit 451 (1966)


 
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The FCC has sure been busy threatening, censoring, and banning lately. 

Ironically, at the same time, Portland's "Everybody Reads" campaign is featuring Fahrenheit 451. It's amazing to think that with 451 in-print for over fifty years there would still be a mass movement to ban and censor media and literature. 

Thousands of books, from Huck Finn to Harry Potter, are still routinely banned in schools across the country. From a collectible standpoint, it only makes early editions of these titles more interesting to own.

A few books are musts in this category, representing watersheds in the history of literary censorship. James Joyce's most famous novel was banned in the United States for eleven years on the grounds that it may cause readers to have "impure and lustful thoughts."

Today, Ulysses comes complete with a transcript of the historic 1933 court decision lifting the ban on its import. 

Surprisingly, Nabokov's controversial masterpiece, Lolita, was never officially banned by the United States government. 

After being turned down by four American publishers, Olympia Press in France, who'd published such subversive writers as Samuel Beckett, Georges Bataille, and the Marquis de Sade, agreed to take a chance. 

Banned in France and New Zealand shortly afterward, it rose to the bestseller lists as soon as it hit American shores. 

In 1957 City Lights Bookstore proprietor Lawrence Ferlinghetti was indicted for refusing to discontinue sales of Allen Ginsberg's Howl.

Naked Lunch was forced to defend itself on trial in 1965. An almost surreal "what is art" debate ensued and in the end, with a little help from its friends Ginsberg and Norman Mailer, Naked Lunch was ruled good, clean fun. 

from Powell's Books Rare Book Room 
section: Verboten Valuables

For a selection of these collectible titles - see the 
TDR Bookshelf at Powell's


 
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Earlier this month my local paper, The San Francisco Chronicle, reported that a college student had been expelled from art school here for submitting a story "rife with gruesome details about sexual torture, dismemberment and bloodlust" to his creative writing class. ///

The imagination of teenagers is often - I'm tempted to say always - the only sure capital they possess apart from the love of their parents, which is a force far beyond their capacity to comprehend or control. 

During my own adolescence, my imagination, the kingdom inside my own skull, was my sole source of refuge, my fortress of solitude, at times my prison. ///

Like all teenagers, I provisioned my garrison with art: books, movies, music, comic books, television, role-playing games. 

My secret confederates were the works of Monty Python, H. P. Lovecraft, the cartoonist Vaughan Bodé, and the Ramones, among many others; they kept me watered and fed. They baked files into cakes and, on occasion, for a wondrous moment, made the walls of my prison disappear.

Given their nature as human creations, as artifacts and devices of human nature, some of the provisions I consumed were bound to be of a dark, violent, even bloody and horrifying nature; otherwise I would not have cared for them. 

Tales and displays of violence, blood and horror rang true, answered a need, on some deep, angry level that maybe only those with scant power or capital, regardless of their age, can understand. ///


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We don't want teenagers to write violent poems, horrifying stories, explicit lyrics and rhymes; they're ugly, in precisely the way that we are ugly, and out of protectiveness and hypocrisy, even out of pity and love and tenderness, we try to force young people to be innocent of everything but the effects of that ugliness. 

And so we censor the art they consume and produce, and prosecute and suspend and expel them, and when, once in a great while, a teenager reaches for an easy gun and shoots somebody or himself, we tell ourselves that if we had only censored his journals and curtailed his music and video games, that awful burst of final ugliness could surely have been prevented. 

As if art caused the ugliness, when of course all it can ever do is reflect and, perhaps, attempt to explain it.

from Op-Ed article "Solitude and the Fortresses of Youth" by Michael Chabon, New York Times, April 13, 2004 

novelist Michael Chabon is the author of The Amazing Adventures of Kavalier & Clay, which won the Pulitzer Prize for fiction in 2001, and Wonder Boys - among other books

image from book At the Mountains of Madness and Other Tales of Terror by H. P. Lovecraft

photo of Michael Chabon by Patricia Williams from aclu.org

*related pages:......the shadow self........writing......writing : teen/young adult.

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Sarah Michelle Gellar was banned from eating in McDonald's as a child - by the multi-million dollar company itself. The beautiful blonde was blacklisted by the corporation after appearing in an advert for rival company Burger King, in which McDonald's was named and shamed. 

And the furious lawsuit filed by the company named young Gellar, restricting her from dining at their fast food restaurants. Sarah says, "When I was five I did a commercial for Burger King. McDonalds were so outraged, they sued Burger King and named me in the lawsuit. 

"I wasn't allowed to eat there. It was tough, because, when you're a little kid, McDonald's is where all your friends have their birthday parties, so I missed out on a lot of apple pies." [imdb.com 21 April 2004]

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*site:

Inquisition 21st century - "represents a number of thinkers and writers opposed to the continuing tendency of society
to adopt absolutist dogmas and doctrines, including those concerning Utopian egalitarianism, sex abuse and
child pornography and the political correctness supporting them and spreading like a virus to other social elements."
 
 

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